WSR 11-09-043

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 11-68 -- Filed April 15, 2011, 1:47 p.m. , effective April 15, 2011, 1:47 p.m. ]


Effective Date of Rule: Immediately.

Purpose: Amend personal use fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-56-35000N and 220-56-38000W; and amending WAC 220-56-350 and 220-56-380.

Statutory Authority for Adoption: RCW 77.12.047 and 77.04.020.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: Surveys indicate that both clam and oyster populations have declined on Scenic Beach State Park, necessitating a closure in 2011. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 2, Amended 0, Repealed 2.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: April 15, 2011.

Joe Stohr

for Philip Anderson

Director


NEW SECTION
WAC 220-56-35000P   Clams other than razor clams -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-350, effective immediately until further notice, it is unlawful to take, dig for and possess clams, cockles, and mussels taken for personal use from the following public tidelands except during the open periods specified herein:

Scenic Beach State Park: CLOSED until further notice.

[]


NEW SECTION
WAC 220-56-38000X   Oysters -- Areas and seasons.   Notwithstanding the provisions of WAC 220-56-380, effective immediately until further notice, it is unlawful to take and possess oysters for personal use from the following public tidelands except during the open periods specified herein:

Scenic Beach State Park: CLOSED until further notice.

[]


REPEALER

     The following sections of the Washington Administrative Code are repealed:
WAC 220-56-35000N Clams other than razor clams -- Areas and seasons. (11-60)
WAC 220-56-38000W Oysters -- Areas and seasons. (11-60)

Washington State Code Reviser's Office